Agenda Packet ZBA - 04/08/2021Town of Trophy Club
Meeting Agenda
ZONING BOARD OF ADJUSTMENT
1 Trophy Wood Drive
Trophy Club, Texas 76262
April 08, 2021 6:00 PM Council Chambers
CALL TO ORDER AND ANNOUNCE A QUORUM
CITIZEN PRESENTATIONS
Citizens are allowed four (4) minutes to address the Board regarding an item over which
the Board has policy or oversight authority as provided by Texas law, the ethics order, or
other policy order.
REGULAR SESSION
1.Case ZBA21001 (27 Lakeview Drive)
a. Conduct a Public Hearing regarding a request for a variance to allow a proposed structure to encroach upon the rear setback at 27 Lakeview Drive in Trophy Club.
b. Take appropriate action regarding a request for a variance to allow a proposed structure to encroach upon the rear setback at 27 Lakeview Drive in Trophy Club.
2.Take appropriate action regarding the January 14, 2021 Zoning Board of Adjustment minutes.
3.Receive Town Planner updates on previous cases heard by the Board and active development in Town.
ADJOURN
*THE BOARD MAY CONVENE INTO EXECUTIVE SESSION TO DISCUSS POSTED ITEMS AS ALLOWED BY THE TEXAS OPEN MEETINGS ACT, TEXAS LOCAL GOVERNMENT CODE
551.071.
Notice is hereby given that a quorum of the Town Council may be in attendance at this meeting.
CERTIFICATION
I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on Monday, April 5, 2021 by 5:00
P.M. in accordance with Chapter 551, Texas Government Code.
_______________________________
Lisa Payne, Town Planner
If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 6822372900, 48 hours in
advance and reasonable accommodations will be made to assist you.
Page 1 of 2
To: Zoning Board of Adjustment
From: Lisa Payne, Town Planner
CC: Steve Norwood, Town Manager
Leticia Vacek, Town Secretary/RMO
Re: Case ZBA-21-001
Zoning Board of Adjustment Meeting, April 8, 2021
Agenda Item:
Case ZBA-21-001 (27 Lakeview Drive)
a. Conduct a Public Hearing regarding a request for a variance to allow a proposed structure
to encroach upon the rear setback at 27 Lakeview Drive in Trophy Club.
b. Take appropriate action regarding a request for a variance to allow a proposed structure
to encroach upon the rear setback at 27 Lakeview Drive in Trophy Club.
Background and Explanation:
The owner of the subject property is requesting approval of a variance to encroach 9.5’ into the
20’ rear setback in order to install a new attached patio cover to the rear of the home. The
property is in Village 5 – Lakeview of The Lakes subdivision (PD-15). The subject property is 9,545
square feet in area and approximately 87’ wide at the rear of the lot.
In the location of the proposed patio cover, used to stand another attached patio cover (Exhibits
B & C) that had been there for at least 20 years, as the oldest aerial I could find is from 2001. The
Town does not have any records of when the old patio cover was built, but it was still in place
when the applicant bought this house in 2014 and it did encroach on the 20’ rear setback. The
applicant plans to replace the old patio cover with a nicer one and demolished it before realizing
building a new one of that size would not meet the Town’s regulations.
The proposed structure will measure 14’x17’ (238 sq. ft.) and will be structurally integrated into
the roof of the house (Exhibits D & E). Due to the proposed structure being attached to the house,
it is considered to be part of the house, and therefore required to maintain the 20’ rear setback
mandatory for the primary structure. The structure will be 10.5’ from the rear property line and
will not encroach on the 7.5’ utility easement at the rear of the property. Behind the property is
a creek that separates residential properties on the north and south side by approximately 60’.
Page 2 of 2
The applicant has received approval from the HOA Board (Exhibit F) and will receive an official
letter from the HOA management company once the Town issues a permit.
Public notice was published in the newspaper and sent to those who own property within 200
feet of the subject property. To date, staff has received two inquiries from neighbors, one who
provided a written letter of support (Exhibit G) and another who had no opinion on the case.
Zoning Board of Adjustment Authority:
The Zoning Board of Adjustment has the authority to act upon a request for variance. The
following should be considered in determining the validity of a hardship.
1. Is the request owing to a distinct condition inherent in the property itself (e.g., irregularly-
shaped lot, unusual topography, etc.)?
2. Is the condition unique to the property (e.g., unusual slope, odd location, etc.)?
3. Is the condition self-imposed or self-created?
4. Is the request owing to a financial hardship?
5. Will a literal enforcement of the zoning ordinance result in an unnecessary hardship?
6. Will the hardship prevent any reasonable use whatsoever?
7. Will the granting of the variance be contrary to public interest?
8. Is the request within the spirit of the ordinance and does it further substantial justice?
The decision of the Board is final.
Attachments:
• Exhibit A – Application with Explanation
• Exhibit B – Location Map
• Exhibit C – Plot Plan with Old Patio Cover
• Exhibit D – Plot Plan with Proposed Patio Cover
• Exhibit E – Building Plans
• Exhibit F – HOA Approval
• Exhibit G – Letter of Support from Next Door Neighbor
Exhibit A
Exhibit A
N
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit E
HOA Approval
From: Chris Hailey
Date: January 14, 2021 at 4:26:16 PM CST
To:
Subject: Re: Pergola Roof
Thanks!
Chris Hailey
On Jan 14, 2021, at 4:11 PM, wrote:
Hi Chris! You have 3 approvals, so you are good to go! You’ll receive the official letter from Spectrum
soon.
Thanks!
David
From: Chris Hailey
Sent: Thursday, January 14, 2021 1:23 PM
To:
Subject: Re: Pergola Roof
Thanks, my contractor will get the city permit. Thanks again.
Chris Hailey
On Jan 14, 2021, at 12:57 PM, wrote:
Hi Chris,
We received the ACC request for the pergola roof today. I went ahead and approved and will let you
know when you have at least 3 approvals. I believe you need to get a town permit if the structure is
attached with a shingled roof. If you received a permit for the pergola, and then changed to a shingled
roof, that would need to be approved by the town as well.
Will let you know!
Thanks!
David Darling
The Lakes of Trophy Club HOA
President
Exhibit F
Letter of Support
From: Mark Shegon
Date: February 10, 2021 at 12:52:04 PM CST
To: Tina Shegon
Subject: FW: 27 Lakeview covered patio
To whom it may concern,
My wife and I am the owners of 201 Lakeshore Dr., the home directly adjacent to 27 Lakeview Dr. and
we have reviewed the plans for the proposed covered patio structure and we have no objections to this
project.
Best regards,
Mark J. Shegon
First Vice President
Greystone
225 E. John Carpenter Freeway, Suite 700
Irving TX 75062
972-402-3730
www.greystonecommunities.com
Exhibit G
Zoning Board of Adjustment Thursday, January 14, 2021 Page 1 of 2
TOWN OF TROPHY CLUB
ZONING BOARD OF ADJUSTMENT MINUTES
THURSDAY, JANUARY 14, 2021; 6:00 PM
The Trophy Club Zoning Board of Adjustment met in a Regular Session on Thursday, January 14, 2021 at 6:00 PM. The
meeting was held via ZOOM Videoconference.
BOARD MEMBERS PRESENT:
Jeff Sims Vice Chairman
John Murtaugh Secretary
Sean Cannon Board Member
Doug Harper Board Member
Terry Kesterson Alternate Board Member
BOARD MEMBERS ABSENT:
Louis Opipare, Jr. Chairman
STAFF PRESENT:
Lisa Payne Town Planner
Julie Smestad Recording Secretary
CALL TO ORDER AND ANNOUNCE A QUORUM
Secretary Murtaugh called the meeting to order at 6:01 PM and announced a quorum.
PUBLIC COMMENTS
Secretary Murtaugh confirmed there were no speakers registered for Public Comment.
REGULAR SESSION
2020-397-T Case ZBA-20-007 (2 E. Hillside Place)
Consider and take appropriate action regarding a request for a special exception to allow a
fence to encroach on the side setback, generally located on the southwest corner of E Hillside
Place and Indian Creek Drive.
Town Planner Lisa Payne provided the staff report and was available for questions.
The applicant, Phil Smith, 2 E. Hillside Place, Trophy Club, TX spoke about the project and requested approval of the
exception. He was available for questions.
Discussion included the sight line of the fence and that it would provide privacy and security while matching the
existing neighbor’s fence line.
Zoning Board of Adjustment Thursday, January 14, 2021 Page 2 of 2
Secretary Murtaugh requested a motion. Vice Chairman Sims moved to approve the exception, seconded by Board
Member Cannon.
Secretary Murtaugh called for a vote. The motion passed unanimously (4-0).
2020-398-T Consider and take appropriate action regarding the September 10, 2020 Zoning Board of Adjustment
minutes.
Secretary Murtaugh asked if there were any additions or corrections to the minutes. There were none. Secretary
Murtaugh asked for a motion.
Board Member Cannon moved to approve the September 10, 2020 minutes as written, with a second by Vice
Chairman Sims.
Secretary Murtaugh called for a vote. The motion passed unanimously (4-0).
2020-399-T Receive Town Planner updates on previous cases heard by the Board and active development in Town.
Staff updates were given by Lisa Payne, Town Planner.
ADJOURN
Secretary Murtaugh asked for a motion to adjourn.
Motion made by Board Member Harper, seconded by Vice Chairman Sims.
Motion passed unanimously. Meeting adjourned at 6:22 PM.
_ _
John Murtaugh, Secretary Julie Smestad, Recording Secretary
Zoning Board of Adjustment Town of Trophy Club, TX
Town of Trophy Club, TX